Flower v. United States, 407 U.S. 197 (1972)

Flower v. United States


No. 71-1180


Decided June 12, 1972
407 U.S. 197

CERTIORARI TO ’THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT

Syllabus

Application of 18 U.S.C. § 1382, proscribing the reentry onto a military post of a person who has been removed therefrom or ordered by an officer not to reenter, held violative of First Amendment rights as applied when petitioner, a civilian who had previously been barred from the post, was arrested after reentry while quietly distributing leaflets on a public street extensively used by civilians as well as military personnel that runs through Fort Sam Houston, an open military post.

Certiorari granted; 452 F.2d 80, reversed and remanded.